Legislator Case Law & Legislation
II UKN 14/01 AI generated

Social security body granting pension after cassation withdrawal is losing party under Civil Procedure Code Art. 98 § 1.

Case Number II UKN 14/01
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal and ordered the social security fund to pay the applicant's costs. The applicant had withdrawn her cassation after the fund granted her the requested pension, arguing this removed the need for Supreme Court review. The court held that because the fund fulfilled the applicant's claim, it constituted a losing party under Article 98 § 1 of the Civil Procedure Code, thereby obligating it to reimburse the litigation expenses.

Legislator headnote

AI generated

Art. 98 § 1 Kodeksu postępowania cywilnego; A social security body that grants the requested pension after the withdrawal of cassation is deemed the losing party and must bear the costs of the cassation proceedings.

Keywords

AI generated
losing party definition social security pension cassation withdrawal costs of proceedings civil procedure code

Cited Legislation

AI generated
Art. 98 § 1 Kodeksu postępowania cywilnego

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